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(영문) 광주고등법원 (제주) 2015.10.21 2015노43

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seized 쇠s(110cm) 3(No. 1).

Reasons

1. Summary of grounds for appeal;

A. The defendant and the respondent for medical treatment and custody (hereinafter "defendant") at the time of the instant crime were mentally divided and were in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (a 3 years of imprisonment, 1, and 2) is too unreasonable.

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the lower court as to the claim of mental disability, the Defendant is deemed to have committed each of the instant crimes under the circumstances where the right and wrong is different or the ability to make a decision is weak due to the de facto illness, and thus, it is reasonable to reduce the sentence against the Defendant under Article 10(2) of the Criminal Act.

On the contrary, the judgment of the court below which did not reflect the above state of mental disorder is erroneous in misconception of facts and misunderstanding of legal principles.

Therefore, this part of the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the defendant's appeal is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal also becomes final and conclusive by the prosecutor at the trial as follows.

[Reason] Criminal facts and the facts constituting the cause of medical treatment and custody [criminal facts] The defendant has a lack of ability to discern things or make decisions due to the damage network, the relevant circumstances, the network, the brupted circumstances, the brupted circumstances, the exchange administration, the decline in the ability to coordinate collision, unstable emotional conditions, reality-finding disorder, lack of pathology, etc.

1. On January 13, 2015, the Defendant: (a) opened a driver’s seat door of the said car, which was parked on the road front of the two gate-to-face, located in the two gate-to-face, and was not corrected in front of the said car; and (b) opened the said car-to-face door, which was placed in the said gate-to-house.